Discussion On Several Problems Of The Epidemiology Causality Theory In The Criminal Law

Public hazards, as a new type of crime in the industrial society, often make thetraditional causality theory inapplicable due to the particularity of its causality.Specifically, since the causation judgment process of the public hazards ofteninvolves in the unknown fields of science, and the causal relationship is covert andindirect with multiple factors, using the scientific laws required by the traditionaltheories as proof standards of causality will be similar to using the impossible prooftask to directly deny the existence of causation.If the application dilemma of thetraditional causality theory can not be eased, the public hazards will not be effectivelytraced. The epidemiology causality theory mainly introduced in this paper makes itpossible to properly solve the identification of the causality of public hazards.Epidemiology causality theory is based on statistics. It can affirm the existence ofcausality after finding high probability existing between criminal behavior andharmSfuinl cres uClth itnharo uengthe sretadt isintitcos.the industrial society, how to solve the reasonableidentification of public hazards becomes a quite urgent problem. Since the applicationof the epidemiology causality theory is an important way to solve the above problem,it should be attached to great importance. However, the academical circles havedifferent opinions on whether the theory itself is reasonable and on the positioning ofthe theory, and the present criminal laws have not stipulated the concrete applicablerules, which have seriously hindered the application of the epidemiology causalitytheory. Currently, the public hazards prevail in China, and the epidemiology causalitytheory is important to solve the identification problem of the causality of the publichazards. Thus, it is necessary to analyze the theory positioning of the epidemiologycausality theory on the basis of a full understanding of the development and contentof the epidemiology causality theory.The paper firstly introduces the causality theory system of criminal law on thewhole, then make clear that the traditional causality theory challenged by the publichazards specifically is conditioning theory and the epidemic disease causation theory is its alternative theory in conditions that identification dilemma appears. Bycomparing the two theories, it can be learned that the application of the proof steps ofthe epidemiology causality theory is more simplify than that of the conditioningtheory, with the possibility of unreasonably lowering the standard of proof. Thescholars supporting that theory put forward to three positioning theories: applicationtheory of adequate causality theory, presumption theory and the supplementing theoryof scientific laws. All these theories are nothing more than aiming at justifying the"short boards" in the epidemiology causality theory..Then whether it is reasonable and valid to attribute the harmful consequence tothe criminal behavior according to the epidemiology causality theory? This articlefirstly makes clear the scientificity and the objectivity of epidemiology causalitytheory, affirms that the theory can achieve the proof standard of "legal truth", thendiscusses the important support of the criminal policies in the risk society for theapplication of the theory; on this basis, it illustrates two kinds of ways to expound therationality of the theory. Based on the analysis, it can be concluded that the althoughthe presumption theory and the supplementing theory are different in the methods ofarguing the reasonableness of the epidemiology causality theory, they all haverationality, and the two positioning methods also provides choices of the specificapplication method of the Chinese epidemiology causality theory. For example, theepidemiology causality theory can be explicitly stipulated in the form of criminalpresumption, and the public hazards crime can be regarded as a special type of crimeto lower the identification standard of the causal relationship of this kind or crime.But the safest way is to combine the two theories. Thus, it is necessary to strictlyfollow the steps of theory application to ensure the scientificity and at the same timefocuses on protecting the rights of the injuring party and providing the right to rebut.Through the analysis of the rationality of the epidemiology causality theory, thepaper tries to put forward to some suggestions for the application of the theory. Firstof all, the application standards of the theory should be determined on the basis ofhaving a full understanding of the theory positioning; secondly, it is necessary todefine the application scope of the theory; finally, the concept changes under theepidemiology causality theory should be fully understood. The paper also introduces the specific process of application the epidemiology causality theory and theproblems need to pay attention to through analyzing the Sanlu milk powder case. Thejudgment of this case at the same time reflects that court supports this new theory.This studies aims at helping China to develop the detailed rules of theory applicationas soon as possible, so as to clear the way for the application of the epidemiologycausality theory in public hazards.